Chapter 3750-75 Emergency Response Lock Box Units

(A)
Any facility
where an extremely hazardous substance, hazardous chemical, or hazardous
substance is produced used or stored, whose owners or operators have entered
into agreement with the fire department of the political subdivision having
jurisdiction over the facility, for the placement and maintenance of an
emergency lock box unit, after the effective date of this rule shall do so in
compliance with the rules adopted under this chapter as set forth by division
(D) of section 3750.11 of the Revised Code.

(1)
Emergency response lock box units
installed in agreement with a fire department of the political subdivision
having jurisdiction prior to the effective date of this rule shall be deemed to
be in compliance with the rules set forth under this chapter.

(2)
For the purposes of rules
3750-75-02 to
3750-75-10 of the Administrative
Code the fire department of the political subdivision having jurisdiction shall
include any public employee duly authorized, as setforth in section
3750.16 of the Revised Code, by
the fire department to enforce Chapter 3737. of the Revised Code.

(B)
Any facility subject to the
emergency planning requirements of section
3750.05, or to the hazardous
chemical reporting requirements of sections
3750.07 and
3750.08 of the Revised Code to
whom an order has been issued under division (D) of section
3750.11 of the Revised Code is
subject to the requirements of division (B)(6) of section
3750.02 of the Revised Code and
the rules adopted there under, unless the facility meets the criteria listed in
paragraph (C) of this rule.

(C)
This chapter does not apply to facilities meeting the following criteria:

(1)
Possesses only one chemical subject to
the reporting requirements of section
3750.05 or
3750.07 and
3750.08 of the Revised Code, or

(2)
Occupies one building having
less than two thousand square feet of floor space, and

(3)
Signage is present that makes the
hazardous chemical on site commonly known to emergency responders.

[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see the "Incorporation by
Reference" section at the end rule
3750-1-01.]

(A)
All emergency response lock box units
shall be constructed to meet the following minimum criteria:

(1)
Each emergency response lock box unit
shall have a minimum interior size of fourteen inches by twelve inches by two
inches, except as follows;

(a)
Where the fire
department of the political subdivision having jurisdiction has agreed with the
owner(s) or operator(s) of the facility that a smaller emergency response lock
box unit will be large enough to permit the storage of all required documents
to be contained therein; or

(b)
Where the emergency response lock box unit must be larger to permit the storage
of all required documents to be stored there in.

(2)
Each emergency response lock box unit
shall be constructed of a material which is "non-combustible".

(a)
Noncombustible means a material in the
form in which it is used and under the conditions anticipated, will not aid
combustion or add appreciable heat to an ambient fire.

Note: Materials tested in accordance with ASTM E136 Standard
Test Method for Behavior of Materials in a Verticle Tube Furnace at 750 degrees
C and conforming to the criteria contained in section 7 of NFPA 101, the Life
Safety Code, shall be considered noncombustible.

(3)
Each emergency response lock box unit
shall be constructed to be "weatherproof".

(a)
Weatherproof means sufficiently protected
to prevent the penetration of rain, snow, and wind driven sand, dirt or dust
under all operating conditions as set forth in NFPA 414 "Standard for Aircraft
Rescue and Fire-Fighting Vehicles, 1995 edition."

(4)
Each emergency response lock box unit
shall be secured in the manner established by the fire department of the
political subdivision having jurisdiction.

(5)
Each emergency response lock box unit
shall be colored and marked in a manner prescribed by the fire department of
the political subdivision having jurisdiction.

(B)
The construction of key boxes is not
regulated under Chapter 3750-75 of the Administrative Code.

[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see the "Incorporation by
Reference" section at the end rule
3750-1-01.]

(A)
The emergency response lock box unit
shall contain the information set forth below as authorized by division
(B)(6)(a)(ii) of section
3750.02 of the Revised Code.

Note: Paragraph (B)(6)(F 501.6 ) of rule
1301:7-7-05 of the
Administrative Code requires that all threads provided for fire department
connections shall be compatible with connections utilized by the local fire
department.

(d)
The locations of the sewer systems servicing the facility, including:

(2)
The most recent copy of the
emergency and hazardous chemical inventory form for the facility required to be
submitted under section
3750.08 of the Revised Code.

Note: Section
3750.05 of the Revised Code
requires that the commission and committee be notified within sixty days after
first acquiring an extremely hazardous substance. Section
3750.07 of the Revised Code
requires the commission, committee and local fire department be provided a
chemical list or MSDS within three months after acquiring a chemical defined as
hazardous chemicals under OSHA for which an MSDS is required, or new
information on an existing on-site chemical is determined.

(3)
Material Safety Data Sheets (MSDSs) are
to be placed in the emergency response lock box unit or if the volume of the
MSDSs is too great, the facility shall enter into an agreed upon alternate
location with the jurisdictional fire department where the MSDS information can
be easily accessed either in hard copy and/or to a computer terminal where the
information can be readily accessed and/or downloaded by the emergency
responderes.

(4)
A copy of any
emergency management plan for the facility prepared by the fire department of
the political subdivision having jurisdiction, when such a document has been
provided by the fire department to the owners or operators of the facility for
the purposes of this rule.

(5)
A
copy of any emergency management plan prepared by the owner(s) or operator(s)
as requested by the fire department of the political subdivision having
jurisdiction such as:

(a)
The facility plan
developed under the national response team's guidelines for consolidated
contingency plans as set forth in the federal register on June 5, 1996; or

(b)
One or more of the plans
listed below, selected in consultation with the fire department of the
political subdivision having jurisdiction.

(6)
A current list of
the names, positions, home addresses and telephone numbers of key personnel
knowledgeable in facility safety procedures and the locations at the facility
where extremely hazardous substances, hazardous chemicals, and hazardous
substances are produced, used or stored.

(a)
If key personnel listed have telephone numbers other than home numbers, such as
pager or cellular phone numbers, these shall also be provided.

(b)
At facilities with more than one work
shift, the work hours of the key personnel listed shall be indicated.

(c)
For purposes of this rule, key
personnel includes; the facility emergency coordinator, the facility manager,
process supervisors, the facility safety manager, and members of the facility
emergency organization.

(B)
The information set forth in paragraph
(A) of this rule shall be maintained as follows:

(1)
Where the emergency response lock box
unit has been placed voluntarily by the owners or operators of the facility,
the information shall be maintained as prescribed by an agreement between the
owners or operators and the fire department of the political subdivision having
jurisdiction over the facility.

(2)
Where the commission has issued an order
requiring the placement of an emergency response lock box unit, the information
set forth in that order shall be maintained in the manner prescribed by that
order.

(3)
A review of the
information placed in the facility's emergency response lock box unit shall be
conducted by the owner/operator at least annually. Information contained in the
lock box unit shall be updated as needed to maintain the accuracy of the
information.

(4)
The fire
department of the political subdivision having jurisdiction may request a more
frequent review and updating of the information contained in the emergency
response lock box unit.

(C)
The contents of a key box unit is not
regulated under Chapter 3750-75 of the Administrative Code, except for the
placement of a lock box key into a key box to provide for lock box access when
requested by the fire department having jurisdiction.

(A)
To provide for
the safe location of an emergency response lock box unit during a release or
threatened release of an extremely hazardous substance, hazardous chemical, or
hazardous substance as required by division (B)(6)(a)(iii) of section
3750.02 of the Revised Code, the
following conditions shall be met.

(1)
The
location selected for the placement of the emergency
response lock box unit shall be approved by the fire department of
the political subdivision having jurisdiction, which to the extent possible
shall be consistent throughout the local emergency planning district.

(2)
In selecting the
number and location
for the placement of the emergency response lock box unit, the
fire department of the political subdivision having jurisdiction, in
consultation with the facility operator, shall consider the following factors
that may affect safe and expedient access during a release or threatened
release of an extremely hazardous substance, hazardous chemical or hazardous
substance:

(d)
Whether more than one emergency response lock box unit is necessary to ensure
safe access due to facility size.

(3)
A facility that voluntarily places an
emergency response lock box unit shall contact the fire department of the
political subdivision having jurisdiction to ensure placement that is
consistent within the emergency planning district.

In those local emergency planning
districts where emergency response lock box unit placement has not been
addressed by either the fire department of the political subdivision having
jurisdiction or the local emergency planning committee, the owner or operator
of the facility may contact the state emergency response commission for
guidance.

(B)
To ensure expedient access to an
emergency response lock box unit during a release or threatened release of an
extremely hazardous substance, hazardous chemical or hazardous substance as
required by division (B)(6)(a)(iii) of section 3750.02 of the Revised
Code, the fire department of the political subdivision having jurisdiction
shall be provided with the key or access code to the emergency response lock
box unit placed at a facility at the time of installation.

(1)
The facility in coordination with the
fire department of the political subdivision having jurisdiction, shall
consider the following factors in establishing the keying or access code
system:

(b)
Whether the emergency response lock box
unit is located at an entry point where facility security is provided on a
twenty-four hour basis.

(c)
Whether keys or access codes need to be
provided to mutual aid organizations who are likely to be requested to respond,
in these instances the owner or operator of the facility shall be advised of
such distribution.

(d)
If a common
key is used to secure all emergency response lock box units throughout the fire
department's jurisdiction, information that has been claimed to be "trade
secret" or "confidential location" information under Chapter 3750-60 of the
Administrative Code shall be provided by means other than the emergency
response lock box unit.

(2)
In those political subdivisions where the
fire department having jurisdiction refuses to accept the key or access code of
an emergency response lock box unit, the owner or operators of a facility
voluntarily placing a lock box unit shall provide the key or access code to the
first response organization during a release or emergency response.

(A)
When the fire
department of the political subdivision having jurisdiction over the facility
is unable to reach an agreement with the owners and operators of a facility for
the placement and maintenance of an emergency lock box unit, the fire
department may apply through their local emergency planning committee for the
issuance of an order by the commission requiring the placement of an emergency
response lock box unit under division (D) of section
3750.11 of the Revised Code.

(B)
The fire department of a
political subdivision applying for an order requiring the placement of lock box
under division (D) of section
3750.11 of the Revised Code
shall submit its application in writing to the local emergency planning
committee of the district in which the facility is located, that includes:

(1)
A certified copy of documentation of the
refusal by the facility to place a lock box unit meeting the requirements of
rules 3750-75-02 to
3750-75-05 of the Administrative
Code;

(2)
A signed statement from
the fire department subdivision stating the basis for requesting the issuance
of an order requiring the placement of a lock box unit(s) at the facility; and

(3)
Documents, sworn statements
and other materials which support and address each criteria listed in
paragraphs (A) and (B) of rule
3750-75-10 of the Administrative
Code.

(C)
Fourteen days
prior to the date that the fire department submits an application for the
issuance of an order requiring the placement of a lock box to the committee,
the fire department shall also mail by certified mail, return receipt
requested, notice of the application and a summary of the lock box requirements
to the owner or operator of the facility within the political subdivision that
the fire department determines would be subject to the lock box requirements.

(A)
If, in the opinion of the local emergency planning committee, the application
for an order requesting the issuance of a lock box order by the fire department
of the political subdivision having jurisdiction meets the criteria for
issuance of an order established in rule
3750-75-10 of the Administrative
Code. The local emergency planning committee shall, within ninety days of the
date on which the complete application for an order was received from a fire
department, meet to consider a resolution approving or denying the request for
the issuance of a lock box order.

(B)
At least fourteen calendar days prior to
a meeting of the committee where the committee is to vote on an application
from a fire department for the issuance of a lock box order, a copy of the
proposed agenda shall be provided by the committee to the fire department and
the facility that would be subject to the order should it be granted. This
proposed agenda shall provide the location, date, and time of the Meeting.

(C)
Any application for the
issuance of a lock box order that fails to provide sufficient information for
the committee to make the findings required by rule
3750-75-10 of the Administrative
Code shall be considered incomplete. A fire department that submits an
incomplete application shall be notified in writing of the nature of the
deficiencies. No action shall be taken on an incomplete application, until the
deficiencies have been addressed.

(D)
Any local emergency planning committee
approving to forward a fire department request for an order to install a lock
box unit to the commission for the issuance of an order requiring the
installation of an emergency response lock box unit under division (D) of
section 3750.11 of the Revised Code
shall submit to the commission the following:

(1)
A certified copy of the resolution, which
shows that the application for the issuance of a lock box order was approved by
at least sixty per cent of the committee's members.

(2)
A signed statement from the local
emergency planning committee stating the basis for forwarding the request for
the issuance of a lock box order.

(3)
Copies of documents, sworn statements, or
other materials submitted by the fire department which support and address each
criterion set forth in paragraphs (A) and (B) of rule
3750-75-10 of the Administrative
Code; and

(E)
Fourteen
days prior to the date that the local emergency planning committee forwards the
application for the issuance of an order to the commission, the local emergency
planning committee shall mail by certified mail, return receipt requested,
notice of approval of the application and a summary of the lock box requirement
to the owner or operator of each facility and the fire department(s) having
jurisdiction within the emergency planning district that the local emergency
planning committee determines would be subject to the lock box requirement.

(A)
Fourteen days prior to a meeting where
commission will consider an application for the issuance of a lock box order,
the commission will provide a copy of the meeting agenda, return receipt
requested, to the facility, the applying fire department, and the forwarding
committee.

(B)
The emergency
response commission shall vote to grant or deny the issuance of a lock box
order within two commission meetings at which a quorum of voting members is
present after the date on which a complete application for the issuance of a
lock box order is received.

(1)
The
commission shall issue an order requiring the placement of the lock box when
sixty per cent or more of the voting members of the commission determine that
the application has met the criteria set forth in rule
3750-75-10 of the Administrative
Code and have voted to approve the application.

(2)
The commission shall issue an order
denying an application for the issuance of a lock box order if voting members
of the commission determine that the criteria set fourth in rule
3750-75-10 of the Administrative
Code has not been met, and/or when less than sixty per cent of the voting
members of the commission vote to approve the application for the issuance of
an order requiring the placement of a lock box.

(3)
If the commission determines that the
application, or information presented at the meeting, needs further evaluation,
then the commission may approve a motion to delay a vote on the application for
the issuance of a lock box order until its next regularly scheduled meeting.

(4)
If the commission determines
that an application for the issuance of a lock box order is incomplete, the
commission shall notify the committee and fire department in writing within
sixty days of the nature of the deficiencies. No action shall be taken on an
incomplete application until the deficiencies have been addressed.

(C)
Within sixty days of the date
on which the commission either voted to grant or deny the issuance of a lock
box order, the commission shall mail by certified mail, return receipt
requested, a copy of the order approving or denying the placement and
maintenance of a lock box, to the committee, fire department, and facility
affected by the order.

(D)
An
order of the commission granting or denying an application for the placement of
a lock box may be appealed to the environmental review appeals commission in
accordance with section
3750.19 of the Revised Code.

(A)
Before making or approving an application
for the issuance of a lock box order the following conditions shall be
demonstrated, using scientific evidence, generally accepted scientific
principals or laboratory tests:

(1)
Extremely
hazardous substances, hazardous substances, or hazardous chemicals are
routinely or intermittently present at the facility which would be subject to
the order; and

(2)
Extremely
hazardous substances, hazardous substances, or hazardous chemicals are present
at the facility in amounts equal to or exceeding the quantities for which
reporting is required under section
3750.05 or
3750.07 of the Revised Code and
rules adopted there under; and

(3)
Based upon generally accepted techniques of hazards analysis, a release of the
extremely hazardous substances, hazardous substances, or hazardous chemicals
present at the facility could pose a substantial risk of catastrophic injury
to:

(c)
Emergency response personnel responding
to a release of the extremely hazardous substances, hazardous substances, or
hazardous chemicals present at the facility.

(B)
All of the following factors shall be
considered in determining whether the substances or chemicals that would be
subject to the lock box requirements pose a substantial risk of catastrophic
injury to public health or safety or to the environment, or pose an
extraordinary risk of injury to emergency response personnel responding to a
release of the substance or chemical:

(1)
The
specific characteristics, and degree and nature of the hazards posed by
releases that may occur of the extremely hazardous substances, hazardous
chemicals, or hazardous substances present at the facility;

(2)
The proximity of the facility(ies) that
would be subject to the lock box requirements to:

(b)
Areas where significantly large numbers
of people are employed or otherwise congregate; and

(c)
Environmental resources that would be
subject to injury by a release.

(3)
The quantities of extremely hazardous
substances, hazardous chemicals, or hazardous substances that are routinely or
intermittently present at the facility that would be subject to the lock box
requirements; and

(4)
The
frequency with which the extremely hazardous substances, hazardous chemicals,
or hazardous substances are present at the facility(ies) that would be subject,
if the lock box order is granted.